Crowley v. Varn

84 S.E.2d 89, 90 Ga. App. 646, 1954 Ga. App. LEXIS 775
CourtCourt of Appeals of Georgia
DecidedSeptember 24, 1954
Docket35155
StatusPublished
Cited by1 cases

This text of 84 S.E.2d 89 (Crowley v. Varn) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crowley v. Varn, 84 S.E.2d 89, 90 Ga. App. 646, 1954 Ga. App. LEXIS 775 (Ga. Ct. App. 1954).

Opinion

Quillian, J.

In Georgia Talc Co. v. Cohutta Talc Co., 140 Ga. 245 (78 S. E. 905), it was held: “1. On the issue formed by a protest to the return of processioners, the burden is on the applicant to make a prima facie case”; and that “4. . . . the return of the processioners is to be deemed prima facie correct.” In that case, as in this one, the return of the processioners was adverse to the contentions of the applicant and the applicant was the protestant. The first-quoted rule has also been applied in Ratteree v. Morrow, 71 Ga. 528 (1); Chism v. Wilkerson, 134 Ga. 636 (68 S. E. 425); Reynolds v. Kinsey, 50 Ga. App. 385, 387 (5) (178 S. E. 200); and in Davis v. Terrell, 70 Ga. App. 478 (1) (28 S. E. 2d 590). The second rule has also been applied in McCollum v. Thomason, 33 Ga. App. 160, 163 (7) (122 S. E. 800). The burden is also upon the plaintiff in error to affirmatively show by the record harmful error. Hudspeth v. Scarborough, 69 Ga. 777, 778 (4); Saliba v. Saliba, 201 Ga. 681, 688 (40 S. E. 2d 732); Hall v. State, 202 Ga. 619, 620 (2) (44 S. E. 2d 234). When the case is brought to this court, we must decide the questions presented by the bill of exceptions in the light of the entire record before this court; and, if viewed in that light, no harmful error appears, the judgment of the trial court will be affirmed.

In the instant case, as already stated, the processioners surveyed and marked a line, which the applicant contends was not the true line and upon the filing of the processioners’ return the applicant filed his protest. Attached to the return of the processioners, as it appears in the record before this court, was a black line drawing or plat, the diagram accompanying this opinion being a substantial facsimile of the same. This plat, together with the return, when introduced in evidence, in the trial in the superior court, by Mrs. Varn, the person notified, made a prima facie case in favor of the line marked by the processioners, and the burden of going forward with the evidence shifted to the applicant, who then had the burden of showing that the line marked by the processioners was not the true line.

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Related

Overstreet v. Dixon
131 S.E.2d 580 (Court of Appeals of Georgia, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
84 S.E.2d 89, 90 Ga. App. 646, 1954 Ga. App. LEXIS 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowley-v-varn-gactapp-1954.